SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA, RECOVERY OF DOWRY ARTICLES & PERSONAL & MAINTENANCE OF MINOR


 

SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA, RECOVERY OF DOWRY ARTICLES & PERSONAL & MAINTENANCE OF MINOR SAMPLE

IN THE COURT OF VIIth FAMILY JUDGE KARACHI (CENTRAL) -
Family Suit No. /2015 
Rabia Abbasi w/o Wahab Siddiqui & d/o (Late) Akbar Abbasi, Muslim, Adult, r/o House No. O/L-A2, Sector 2-D, Surjani Town, Karachi. ------------------------------- PLAINTIFF 

VERSUS

Wahab Siddiqui s/o Amjad Siddiqui, Muslim, Adult, r/o House No. A2/L Sector 2-D, Surjani Town, Karachi. ----------------------------------------------------------- DEFENDANT


DEFENDANT SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA, RECOVERY OF DOWRY ARTICLES & PERSONAL PROPERTY & MAINTENANCE OF MINOR 


The Plaintiff humbly submits as under: 

1. That the Plaintiff and the Defendant entered into matrimony on 15/12/2009. Since the very inception of the marriage, the Defendants attitude towards the Plaintiff was deplorable and the Defendant subjected the Plaintiff to mental and physical torment and anguish. It is submitted that in tow with the Defendants most immoral, unethical and appalling actions, the kith and kin of the Defendant joined hands with the Defendant in the performance of most despicable acts, which have caused irreparable mental and physical trauma, agony, anguish and hurt to the Plaintiff, for which the Plaintiff reserves her right to seek compensation from a Court of competent jurisdiction. It would not be out of place to mention here that the Plaintiff is possessed of a Bachelor’s Degree in Science and was studying for a Master’s Degree at the University of Karachi. It is submitted that in order to facilitate the blooming of her personal being with the Defendant, the Plaintiff aborted all ambitions and devoted herself to the cause of the Defendant and his family. 

2. That out of the wedlock, the Plaintiff gave birth to a son, Atif Siddiqui on 16/01/2011, who is currently living with the Plaintiff. It is most pertinent  to mention here that the welfare of the minor lies with the Plaintiff, being his birth mother and the true guardian of the minor. It is submitted that neither the Plaintiff nor her family have ever been provided with a copy of the Nikahnama since the inception of the marriage which was performed by a relative of the Defendant, who was, to the knowledge of the Plaintiff, possessed with the exclusive authority to perform such act under the Law. 

3. That the Defendant and his kith and kin, being not as learned as the Plaintiff, had acquired a bias against the Plaintiff and hence, on most occasions, without any rhyme or reason, physically assaulted the Plaintiff and in consequence thereof, the Plaintiff was locked away in a room for hours on end. It is submitted that such behaviour is not only immoral, unethical and appalling, the same is against the very injunctions of Islam that govern the relationship between a man and his wife, as such are also against the norms of humanity. 

4. That given the circumstances, the Plaintiff was turned out by the Defendant and his family and was forced to retreat to her parents’ abode time and again but keeping in mind the welfare of the minor and the sacred arrangement with the Defendant, the Plaintiff would return home under the guidance of her elders and relatives and would seek to pursue and better her relations with the Defendant and his family. It is, however, stated with the utmost of disdain, that the Plaintiff was subjected to constant humiliation and physical assault at the hands of the Defendant and his family. 

5. That even at such time when the Plaintiff was living with the Defendant, the Plaintiff was compelled to seek financial assistance from her family in order to provide for herself and the minor, who is by implication of Law and religion, the responsibility of the Defendant and as such, the negligence of the Defendant foreshows his indifference and lack of concern towards the minor. It is further submitted that the Defendant has failed to efficiently realize his obligations and responsibilities as a father and such fact is reaffirmed by the lack of concern as far the minor’s elementary education is concerned. 

6. That at such time when the Plaintiff was married to the Defendant, the Plaintiff’s family had provided her with the following articles as dowry: 
a. Furniture worth Rs. 50, 000/- (Rupees Fifty Thousand Only) consisting of a closet, a double bed, a showcase, dressing table and bed side tables. 
b. Jewellery weighing six (06) tolas and consisting of two (02) complete sets, four (04) rings, bracelet, four (04) pairs of earrings and a ring for the Defendant 
c. Electronic items including a Television Set worth Rs. 8, 000/- (Rupees Eight Thousand Only), Washing Machine worth Rs. 5, 000/- (Rupees Five Thousand Only), Iron worth Rs. 1, 500/- (Rupees Fifteen Hundred Only), Sewing Machine worth Rs. 2, 500/- (Rupees Two Thousand Five Hundred Only), Juicer Machine worth Rs. 1, 500/- (Rupees Fifteen Hundred Only) and a Grinder Machine worth Rs. 1, 500/- (Rupees Fifteen Hundred Only). 
d. Complete crockery set worth Rs. 25, 000/- (Rupees Twenty-Five Thousand Only) including a Dinner Set, Cooker, a set of twelve (12) glasses accompanied with a Jug, three (03) tea sets, Thermos, Cutlery Set, Kitchen Set, Tray Set and a Frying Pan. 
e. Bed Sheets, six (06) in number, worth Rs. 6, 000/- (Rupees Six Thousand Only). 
f. Blankets, four (04) in number, worth Rs. 10, 000/- (Rupees Ten Thousand Only). 
g. Citizen Wrist Watches, two (02) in number, worth Rs. 5, 000/- (Rupees Five Thousand Only). 
h. Mantle pieces, four (04) in number worth Rs. 1, 000/- (Rupees One Thousand Only). 
i. Unstitched material for thirty (30) tailored suits worth Rs. 30, 000/- (Rupees Thirty Thousand Only). j. Six pairs of shoes worth Rs. 3, 000/- (Rupees Three Thousand Only). 
k. Two (02) Suitcases worth Rs. 4, 000/- (Rupees Four Thousand Only). 

7. That on each instance when the Plaintiff was turned out of the Defendants home, the Plaintiff would off her own accord return to the Defendants home in order to continue with her marital obligations. It is submitted that at no given point has the Defendant sought to bring the Plaintiff back home after she was turned out subsequent to domestic violence, assault and humiliation that the Plaintiff has endured at the hands of the Defendant and his family members. 

8. That on or about 26/01/2014, the Defendant and his family members, on a most petty and trivial matter, physically assaulted the Plaintiff and humiliated her in front of the entire neighbourhood that had gathered outside the Defendants home and is witness to the events of that most fateful and illfated day. It is submitted that after being beaten blue and black, the Plaintiff along with the minor was turned out of the Defendant’s home by the Defendant and his family under the threat that if the Plaintiff was to return to the Defendants home, she would face dire consequences with respect to her life, liberty and reputation. 

SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA, RECOVERY OF DOWRY ARTICLES & PERSONAL & MAINTENANCE OF MINOR SAMPLE

9. That the Plaintiff, in such morbid circumstances, sought the aid of her family members who were yet again forced to come to her rescue and provide her a safe haven. However, in spite of innumerable efforts to resolve the matter, the Defendant has failed to fulfill his marital obligations and has wilfully neglected to maintain the Plaintiff. 
10. That the Plaintiff has not been maintained as required under the Law and religion and as such and even otherwise, demands maintenance charges since 26/01/2014 till date at the rate of Rs. 15, 000/- (Rupees Fifteen Thousand Only) per month for herself and the minor. The Plaintiff further demands maintenance for the period of Iddah that is to commence after the passing of the decree in the instant matter and the same is also demanded at Rs. 15, 000/- (Rupees Fifteen Thousand Only). It is submitted that given the facts narrated hereinabove, the Plaintiff cannot co-exist with the Defendant within the bounds settled by Shariah and hence, is seeking dissolution of her marriage with the Defendant in exercise of her right of Khula. 

11. It is submitted that the Plaintiff has taken countless efforts and pains in trying to re-establish amiable and cordial relations with the Defendant so that they may once again live their matrimonial life within the limits and bounds set by the Shariah law but her relentless struggle has been fruitless. Having failed to do so, she was compelled to send a legal notice dated 16/12/2014 demanding that the Defendant return the dowry articles (mentioned in Para No. 6 of the instant plaint) back to her but this notice was unanswered. (Photocopy of legal notice dated 16/12/2014 is attached herewith and marked as Annexure “P-1”) 

12. That the Plaintiff has suffered a great deal of anguish due to the physical assault and the humiliation meted out to the Plaintiff by the Defendant and his family members and is compelled to request this Court to grant her dissolution of marriage by way of Khula, as the parties hereto cannot live within the limits and bounds prescribed by Shariah and have failed to do so since 26/01/2014. Hence, this Suit. 

13. That the cause of action accrued in favour of the Plaintiff for the facts and reasons disclosed hereinabove. That the Plaintiff is located and situated within the limits of P. S. _____________________, which falls within the territorial jurisdiction of this Hon’ble Court. Proper court fee has been affixed herewith. 

PRAYER 

            It is, therefore, in the interest of justice, equity and good conscience prayed that this Hon’ble Court may be pleased to pass a Judgment and subsequent Decree and: 

a. Grant a Decree dissolving the marriage between the Plaintiff and Defendant by way of Khula 

b. Issue a direction to the Defendant ordering the reimbursement of the dowry articles and personal property to the Plaintiff, mentioned and fully described in Para No. 6 of the plaint. 

SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA, RECOVERY OF DOWRY ARTICLES & PERSONAL & MAINTENANCE OF MINOR SAMPLE


c. Issue a direction to the Defendant to compensate the Plaintiff with Rs. 180, 000/- (Rupees One Hundred, Eighty Thousand Only) as maintenance since 26/01/2014 at the rate of Rs. 15, 000/- (Rupees Fifteen Thousand Only) per month. Furthermore, this Hon’ble Court may be pleased to direct the Defendant to compensate the Plaintiff with monthly maintenance at the rate of Rs. 15, 000/- (Rupees Fifteen Thousand Only) for the period of Iddah commencing from the passing of the Decree. 

d. Any other, better, further and / or equitable relief that this Hon’ble Court may deem fit, proper and necessary given the prevalent circumstances. 

e. Costs of the Suit may be awarded. 

Karachi Dated:                                                                                     THE PLAINTIFF

06/01/2015                                                                                 ADVOCATE FOR   PLAINTIFF               


VERIFICATION 

I, Rabia Abbasi w/o Wahab Siddiqui & d/o (Late) Akbar Abbasi, Muslim, Adult, r/o House No. O/L-A2, Sector 2-D, Surjani Town, Karachi, bearing CNIC No. 43014-3289745-5 do hereby on solemn oath and affirmation submit that whatever is stated above is true and correct to the best of my knowledge and belief. 

                                                                                    DEPONENT 
                                                                            
                                                                                  Identified by me. 

  • Document(s) filed: Annexure ‘P-1’ 
  • Document(s) relied upon: Annexure ‘P-1’and all other documents that are necessary and relevant to the subject matter. 
  • Address for service: As mentioned in the Title. 
  • Address for the Plaintiff’s counsel: As mentioned in the Vakalatnama 
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